Advocate Sushila
SUPREME COURT HOLDS THAT THE APPELLATE COURT HAS NO POWER TO MODIFY OR CORRECT A CASE UNDER THE ARBITRATION AND CONCILIATION ACT, 1996
Advocate Sushila Ram 25 Jul 2021

SUPREME COURT HOLDS THAT THE APPELLATE COURT HAS NO POWER TO MODIFY OR CORRECT A CASE UNDER THE ARBITRATION AND CONCILIATION ACT, 1996


The Hon’ble Bench of the #SupremeCourt in the case of the Project Director, National Highways No. 45 E and 220 National Highways Authority of India v M. Hakeem & Anr. [LL 2021 SC 311] vide its #Judgment dated 20-07-2021 held that the #AppellateCourt only has the power to set-aside or remand a case under Section 34 of the Arbitration and Conciliation Act, 1996 [“#ArbitrationAct”] and it cannot #modify or correct an #award.


The facts in the present case, consists of awards passed by a competent authority namely a Special District Revenue Officer (Competent Authority) for acquisition of lands for purposes of constructing road. In all these cases, awards were made based on the ‘guideline value’ of the lands in question and not on the basis of sale deeds of similar lands.


To read more, please visit the link below:


https://theindianlawyer.in/supreme-court-holds-that-the-appellate-court-has-no-power-to-modify-or-correct-a-case-under-the-arbitration-and-conciliation-act-1996/


#supremecourt #appeal #court #arbitration

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